Abandoned Property


#1

Until the issue of the division of marital property is resolved, you should not dispose of any items of marital property. If he refuses to resolve this issue with you, you should wait until you file for divorce and file for the issue of Equitable Distribution at that time. The court will make a determination regarding the division of the property and then they can set specific rules regarding the division of this property.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I understand all of this, however,most of this stuff is stuff he had prior to the marriage(IE: mechanic tools, bedroom suite, widescreen TV, stereo equipment etc.) a few items were gifted to him and really not anything I am disputing. Again, this is SEPARATE property, so what is the requirement in NC regarding abandoned property? I am not willing to store his stuff any longer because he is trying to blackmail me into shipping it across the country for him because he doesn’t want to pay the shipping, I have already stored it for almost a year and he has been put on formal notice that it will be disposed of if he doesn’t retrieve it. I highly doubt that there is a judge in the land that would order me to pay the $4-5000 cost to ship this to him across the country, especially when he didn’t contribute financially to the marriage at all.
Thanks in advance for any further information you can supply.

Marissa Gott


#3

There is no reason you can’t deal with the separate property the same way you deal with the marital property. You do not have to ship the property back to him at your own expense.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

What is the ruling in NC about how long one spouse must hold on to the other’s possession’s which they have refused to come and get? I have held onto possession’s for almost a year now and have given him written notice via certified letter that if not picked up by July 15th I would consider it abandoned property and do what I needed to do to dispose of it, whether that be selling it to settle outstanding debts owed to me by him etc… he moved to California about 6-7 months ago and is now expecting me to ship the stuff to him at my expense (of course!)which I am not doing. The stuff is really separate marital items he had before we married plus a few other things I could care less about. He is claiming he won’t sign the house over until he gets his stuff, essentially trying to blackmail me etc…which I am not falling for. I am filing for divorce the end of this month with or without the property settlement in place to get the ball rolling. Attended a Rosen Law seminar in Charlotte where we were told that in NC you only had to hold on to the stuff for a “reasonable” amount of time, which I have already done and given written notice via certified mail. At this point I am getting ready to just dispose of it as abandoned property, what does the law say about that?
Thanks in advance for any insight on this matter.

Marissa Gott